Difficult Question about Unpaid Livery fee's

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Valletta

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On the yard where I am are two cute welsh sections A's
There owner hasn't been seen for 6 months

however all of us club together to make sure they are fed / wormed / farrier etc and we know we will never get any thanks for it.

But the owner of the yard says I can buy them if I pay some of the livery bill £700

However they dont have the passports only a copy of them that they took when they both first arrived.
so we know the show names / breeding

I am just worried that I might pay for them and then the owner turn up and take them, I also know it's wrong to purchase a animal without a passport

Can you guys give me any advise... I really want to buy them and will go to a lawyer if I have too

what should the yard owner do to make it all legal and above board?
 
The yard owner needs to sue the owners for costs; often resulting in her gaining ownership of the horses for any unpaid bills. She will have to have a lawyer draw this up and will need to know the address of the legal owner so as to have papers served.

Do not be tempted to pay YO this money as legally these horses will not be yours.
 
Does your yard have a livery agreement? In ours it states that if fees are not paid for 3 months then the YO has the right to sell the horse to recoup the outstanding fees. Yours seems to want money for the ponies as well as his outstanding fees paid!

I'd be inclined to contact a horse rescue organisation, especially as you don't have the passports, for them to take away and rehome more legally.

Don't some people just make you sick! What on earth did they buy them for in the first place
mad.gif
 
What a horrible situation and you (and other liveries) are lovely for helping out, but unfortunately I think you may get caught up in the middle of a messy situation if you try to buy them off the YO. The YO needs to settle what is owed with the owner, if necessary taking steps to take over ownership of th eponies because of unpaid bills, after which she will be able to legally sell them on. Alternatively you could contact the owner and see if she will sell?
 
We all have an agreement about notice up not about unpaid fee's

Has anyone ever been through this?

how long could it take??

I dont think welfare would get involved as they look the picture of health
 
[ QUOTE ]
But the owner of the yard says I can buy them if I pay some of the livery bill £700

[/ QUOTE ]

Its good that you have communicated with the owner.

People love to litigate, but I would not issue proceedings for such a nominal amount. Its a waste of time and money i.e. its all very well winning a claim, but enforcement is a whole different issue - and a difficult one!

It is not illegal for the buyer to buy without a passport but it is illegal for the owner to sell without a passport - perhaps state this to the owner prior to the sale, I doubt they want any nasty implications. Further I would not agree to the sale until you have it in writing i.e. in a formal agreement. when you get the passports, transfer them into your name ASAP. That will really seal the deal.

As with any contract there must be consideration, make sure the 700 issue is expressed in the transfer agreement as forming part of the conditions of sale.
 
Thanks Frances

It is in deed the yard owner I have contact with, it seems the ponies owner hasn't been seen or heard from in over 6 months
 
Until the owner is contacted theres no way these ponies can be sold either to you or anyone else. The YO will be able to act as the owners agent but cannot just sell someone elses property without permission!
 
Spaniel is right - you cannot sell without full title guarantee. Do your best to contact the owner. It there an address on the Passport? Contract with YO with relevant details?
 
[ QUOTE ]
Does your yard have a livery agreement? In ours it states that if fees are not paid for 3 months then the YO has the right to sell the horse to recoup the outstanding fees. Yours seems to want money for the ponies as well as his outstanding fees paid!

I'd be inclined to contact a horse rescue organisation, especially as you don't have the passports, for them to take away and rehome more legally.

Don't some people just make you sick! What on earth did they buy them for in the first place
mad.gif


[/ QUOTE ]

I wonder about these 'unpaid fees' livery agreemenst.
I don't actually think they are worth the paper they are written on tbh.

A livery yard owner cannot just keep a horse because the owner has not paid fees. I *think* they would have to go to the bother of taking them to court & paying laywers to sort it out. I might be wrong but I really don't think it is as simple as all that.
crazy.gif
 
PS I would be careful about contracts saying 'YO can sell if non payment of fees......', liens, etc.

This is not only potential misappropriation but could fall under UCTA.

Bet you can't guess what I do for a living! haha.
 
[ QUOTE ]
[ QUOTE ]
Does your yard have a livery agreement? In ours it states that if fees are not paid for 3 months then the YO has the right to sell the horse to recoup the outstanding fees. Yours seems to want money for the ponies as well as his outstanding fees paid!

I'd be inclined to contact a horse rescue organisation, especially as you don't have the passports, for them to take away and rehome more legally.

Don't some people just make you sick! What on earth did they buy them for in the first place
mad.gif


[/ QUOTE ]

I wonder about these 'unpaid fees' livery agreemenst.
I don't actually think they are worth the paper they are written on tbh.

A livery yard owner cannot just keep a horse because the owner has not paid fees. I *think* they would have to go to the bother of taking them to court & paying laywers to sort it out. I might be wrong but I really don't think it is as simple as all that.
crazy.gif


[/ QUOTE ]

Agree with MayFlower , not its not a simple as that .
We had someone bugger off from the yard owing IRO £2000 outstanding livery and its still not been sorted out
crazy.gif

Horse was kept with YO but the police were called and he had to release her to its legal owner
 
Crikes - glad it is not only me who has had customers like this. We are desparate for one customer to leave our yard but they will not commit to when they may/may not take the horse and meanwhile I continue to care for it under our full livery agreement knowing I may never get paid out! Idiot people.
 
[ QUOTE ]
I might be wrong but I really don't think it is as simple as all that.

[/ QUOTE ]
It isn't. My first reply said what needs to be done to gain legal ownership of these ponies. Sue, or contact owners directly and buy the ponies. It really is quite simple.
crazy.gif
 
YO has absolutely no right to sell, loan, give away or anything else with these ponies. I would take Tia's advice.
 
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